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2025 DAILYLAW 89434 (KAR)

SRI SUNIL v. NAYANA @ NAVYA

RPFC/92/2025 · 2025-09-15

Lalitha Kanneganti

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:36646 RPFC No. 92 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI REV.PET FAMILY COURT NO.92 OF 2025 BETWEEN: SRI. SUNIL, S/O PRAKASH, AGED ABOUT 29 YEARS, R/AT NEAR KUVEMPU UNIVERSITY GATE, BHADRAVATHI TALUK, SHIVAMOGA DISTRICT – 577 451. …PETITIONER (BY MS. SNEHA R, ADVOCATE FOR SRI. HEMANTH KUMAR G M., ADVOCATE) AND: NAYANA @ NAVYA, W/O SUNIL, AGED ABOUT 21 YEARS, MACHENAHALLI VILLAGE, LAKYA HOBLI, CHIKKAMANGALURU TALUK – 577 101 …RESPONDENT (RESPONDENT – NAYANA @ NAVYA SERVED AS PER POSTAL TRACK (AS PER R(J) CIRCULAR DATED 25.11.2021, ITEM DELIVERED TO RESPONDENT) THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURTS ACT., PRAYING TO SET ASIDE THE ORDER DATED 01.03.2025 PASSED IN Crl. Misc. NO.130/2023 ON THE FILE OF HON’BLE PRINCIPAL JUDGE, FAMILY COURT, CHIKKAMAGALURU AND ALLOW THIS REVISION PETITION WITH COST AND GRANT SUCH OTHER RELIEFS AS THIS HON’BLE COURT MAY DEEM FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36646 RPFC No. 92 of 2025 THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in Crl.Misc.No.130/2023 dated 01.03.2025 by the Principal Judge, Family Court, Chikkamagaluru, whereby the Family Court had granted maintenance of an amount of Rs.8,000/- per month to the wife, the petitioner/husband is before this Court. 2. The parties are referred to as husband and wife for the sake of convenience. 3. Crl.Misc.No.130/2023 is filed by the wife under Section 125 of Cr.P.C. seeking maintenance of an amount of Rs.25,000/- per month. It is the contention of the wife that the husband is having landed properties and he is having income from several resources and he is earning considerable income and it is the duty of the husband to maintain the wife. 4. It is the case of the husband that he is working as a daily wage worker and on and off, he is working in his brother- in-law’s bakery. According to him, his income is an amount of - 3 - HC-KAR NC: 2025:KHC:36646 RPFC No. 92 of 2025 Rs.9,000/- per month and the property stands in the name of his mother. The Family Court having considered the fact that there is no material to show the income of the husband, however, doing the guesswork, had granted maintenance of an amount of Rs.8,000/- per month. Learned counsel submits that granting an amount of Rs.8,000/- per month towards maintenance when his income itself is an amount of Rs.9,000/- is on the higher side. 5. Though notice is served on the respondent, no vakalath is filed on her behalf. The respondent has chosen not to appear before this Court. 6. Having heard the learned counsel for the petitioner, perused the entire material on record. It is submitted that the husband is earning an amount of Rs.9,000/- per month and he is working as a daily wage labourer and also working in the bakery belonging to the brother-in-law. In these circumstances, this Court deems it appropriate to modify the order passed by the Family Court. Hence, this Court is passing the following order: - 4 - HC-KAR NC: 2025:KHC:36646 RPFC No. 92 of 2025 ORDER i. The order passed in Crl.Misc.No.130/2023 dated 01.03.2025 by the Principal Judge, Family Court, Chikkamagaluru, is modified by reducing the maintenance from an amount of Rs.8,000/- per month to Rs.5,000/- per month. ii. The petitioner/husband is directed to pay maintenance of an amount of Rs.5,000/- per month to the respondent/wife. iii. Accordingly, the revision petition is disposed of. iv. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 2 Sl No.: 16